Code of Judicial Conduct Preamble An honorable, competent and independent judiciary exists exi sts to adm admini iniste sterr jus justic tice e and thu thus s pro promo mote te the unity of the country, the stability of government, and the well being of the people.
CANON 1- A judge should uphold the integrity and independence of the judiciary Rule 1.1 ! A judge should be the embodiment of competence" integrity" and independence. Rule 1.# ! A judge should administer justice impartially impartia lly and $ithout delay. Rule 1.% ! A judge should be &igilant against any att attem empt pt to sub sub&er &ertt th the e ind indepe epende ndence nce of the th e ju judi dici ciar ary y an and d re resi sist st an any y pr pres essu sure re fr from om $hate&er source. •
Judges
should
avoid
even
the
slightest
infraction of the law. •
Mustt be mod Mus models els of upr uprigh ightne tness, ss, fai fairne rness ss and honesty
•
Should not relax in his study of the law and court decisions.
•
Shou Sh ould ld no nott be sw sway ayed ed by pu publ blic ic cl clam amor or or considerations of personal popularity
•
Must decide motions without delay.
•
Should also appear impartial.
CANON # ! A judge should a&oid impropriety and the acti&ities .
appe ap pear aran anc ce
of
impro ropr priiet ety y
in
all
Rule Ru le #. #.1 1 ! A ju judg dge e sh shou ould ld so be beha ha&e &e at al alll times as to promote public confidence in the integrity and impartiality of the judiciary. Rule #.# ! A judge should not see' publicity for personal &ainglory. Rule Ru le #. #.% % ! A ju judg dge e sh shal alll no nott al allo lo$ $ fa fami mily ly"" soci so cial al""
or
othe ot her r
rela re lati tion onsh ship ips s
to
infl in flue uenc nce e
judicial conduct or judgment judgment.. (he prestige of judicial office shall not be used or lent to ad&anc ad& ance e the pri pri&at &ate e int intere erests sts of oth others ers"" nor con&ey
or
permit
others
to
con&ey
the
impression that they are in a special position to influence the judge. Rule
#.) !
A
judge
shall
refrain
from
infl in flue uenc ncin ing g in an any y ma mann nner er th the e ou outc tcom ome e of litig li tigat ation ion or dis disput pute e pen pendin ding g bef before ore ano anoth ther er court of administ administrati&e rati&e agency. •
A judge must be beyond suspicion. He has the duty du ty no nott on only ly to re rend nder er a ju just st an and d im impar parti tial al decision but also to render it in such a manner as to be fr fre ee fr from om any su susp spiici cion on as to its fair fa irne ness ss an and d im impar parti tial alit ity, y, and al also so as to hi his s integrity.
•
very litigant is entitled to nothing short of the cold neutrality of an independent, wholly free, disinterested and impartial tribunal.
•
A judge must be temperate in his language and must not lose his cool.
•
A jud udge ge is pr pro ohi hibi bitted fr fro om ma! a!in ing g pu publ bliic statem sta tement ents s in the me media dia re regar gardin ding g a pen pendin ding g case so as not to arouse public opinion for or
against
a
party
"violates
the
#rinciple
of
Subjudice$ •
Judges must not use or permit the use of any undignified%self&laudatory statement regarding their 'ualifications or legal services.
•
A judge must not allow anyone to ride on his prestige. He should not create the impression that someone or some people are so close to him to enjoy his favor.
CANON % -
A judge should perform official
duties honestly"
and
$ith impartiality and
diligence.
A*J+*,CA(, R/PON/,0,,(,/ Rule %.1 ! A judge shall be faithful to the la$ and maintain professional competence. •
Judge should be conversant with the law and its amendments.
Rule
%.# !
,n
e&ery
case"
a
judge
shall
endea&or diligently to ascertain the facts and the
applicable
la$
uns$ayed
by
partisan
interest" public opinion or fear of criticism. •
(inding of facts must be based not on the personal !nowledge of the judge but upon the evidence presented.
•
)f the personal view of the judge contradicts the applicable doctrine promulgated by the Supreme *ourt, nonetheless, he should decide the case in accordance with that doctrine and
not in accordance with his personal views. He is however not prohibited from stating his own opinion on the matter if he wants to invite constructive attention thereto.
Rule %.% ! A judge shall maintain order and proper decorum in the courts. Rule
%.) !
A
judge
should
be
patient"
attenti&e" and courteous to la$yers" especially the ine2perienced" to litigants" $itnesses" and others appearing before the court.
A judge
should a&oid unconsciously falling into the attitude of mind that the litigants are made for the
courts"
instead
of
the
courts
for
the
litigants. *onduct of trial must not be attended with
•
fanfare and publicity+ not permit pictures or broadcasting. Must use temperate language+ should not
•
ma!e insulting remar!s.
Rule %.3 ! A judge shall dispose of the court4s business promptly and decide cases $ithin the re5uired periods. Rule %.6 ! 7hile a judge may" to promote justice" pre&ent $aste of time or clear up some obscurity"
properly
inter&ene
in
the
presentation of e&idence during the trial" it should al$ays be borne in mind that undue interference
may
pre&ent
the
proper
presentation of the cause of the ascertainment of the truth. Rule
%.8 !
A
judge
should
abstain
from
ma'ing public comments on any pending or
impending case and should re5uire similar restraint on the part of court personnel. •
Judge
should
ta!e
notes
and
rely
on
transcripts. •
Judge
is
not
excused
if
stenographer
is
overloaded. He is excused for delay on grounds of multifarious motions+ appellate court enjoins judge from further proceeding+ heavy caseload.
A*9,N,/(RA(, R/PON/,0,,(,/
Rule %.: ! A judge should diligently discharge administrati&e
responsibilities"
professional
competence
maintain in
court
managements" and facilitate the performance of the administrati&e functions of other judges and court personnel. Rule
%.; !
A
judge
should
organi
and
super&ise the court personnel to ensure the prompt and efficient dispatch of business" and re5uire at all times the obser&ance of high standards of public ser&ice and fidelity. Rule %.1 ! A judge should ta'e or inititate appropriate
disciplinary
measures
against
la$yers or court personnel for unprofessional conduct of $hich the judge may ha&e become a$are. Rule
%.11 !
A
judge
should
appoint
commissioners" recei&ers" trustees" guardians" administrators and others strictly on the basis of merit and 5ualifications" a&oiding nepotism" and fa&oritism. +nless other$ise allo$ed by la$" the same criteria should be obser&ed in recommending personnel. compensation
appointment 7here is
the
allo$ed"
of
court
payment it
should
of be
reasonable and commensurate $ith the fair &alue of ser&ices rendered. •
Ascertain that the records of all cases are properly !ept and managed.
•
Maintain a chec!list on the cases submitted for decision with a view to !now exactly the specific
deadlines for the resolution%decision of the said cases. •
oss of records- gross negligence
•
Should be a good manager.
•
May not summarily suspend a lawyer for indirect contempt.
•
Judge has the power to appoint, but the power to dismiss court employees is vested in the Supreme *ourt.
•
)f !nowingly nominate or appoint to any public office any person lac!ing the legal 'ualification therefor, shall be guilty of unlawful appointment punishable with imprisonment and fine "Art //, 0#*$.
*,/=+A,>,CA(,ON/ Rule %.1# ! A judge should ta'e no part in proceeding
$here
the
judge4s
impartiality
might reasonably be 5uestioned. (hese cases include" among others" proceedings $here? 1. a.
the judge has personal 'no$ledge
of disputed e&identiary facts concerning the proceeding? #. b.
the
judge
ser&ed
as
e2ecutor"
administrator" guardian" trustee or la$yer in the case or matters in contro&ersy" or a former associate of the judge ser&ed as counsel during their association" or the judge or la$yer $as a material $itness therein? %. c.
the judge4s ruling in a lo$er court is
subject of re&ie$ ). d.
the judge is related by consanguinity
or affinity to a party litigant $ithin the 6thdegree )th degree?
or
to
counsel
$ithin
the
3. e.
the judge 'no$s that the judge4s
spouse or child has a financial interest" as heir"
legatee"
other$ise"
creditor"
in
contro&ersy
the
or
fiduciary"
subject
in
a
matter
party
to
or in the
proceeding" or any other interest that could be substantially affected by the outcome of the proceeding. ,n e&ery instance the judge shall indicate the legal reason for inhibition. •
#etition to dis'ualify judge must be filed before rendition of judgment by the judge+ can1t be raised first time on appeal.
•
)f a judge denies petition for dis'ualification, the
ultimate
test-
is
whether
or
not
the
complaint was deprived of a fair and impartial trial. 0emedy- see! new trial.
R9,((A O> *,/=+A,>,CA(,ON Rule %.1% ! A judge dis5ualified by the terms of Rule %.1# may" instead of $ithdra$ing from the proceeding" disclose on the record the basis of dis5ualification. disclosure"
the
,f" based on such
parties
and
la$yers
independently of the judge4s participation" all agree
in
$riting
that
the
reason
for
the
inhibition is immaterial or insubstantial" the judge may then participate in the proceeding. (he agreement" signed by all parties and
la$yers" shall be incorporated in the record of the proceeding.
CANON ) ! A judge may" $ith due regard to official duties" engage in acti&ities to impro&e the
la$"
the
legal
system
and
the
administration of justice. Rule ).1 ! A judge may" to the e2tent that the follo$ing
acti&ities
do
not
impair
the
performance of judicial duties or case doubt on the judge4s impartiality@ 1. a.
spea'"
participate la$"
the
$rite"
lecture"
teach
or
in acti&ities concerning the legal
system
and
the
administration of justice? #. b.
appear at a public hearing before a
legislati&e or e2ecuti&e body on matters concerning the la$" the legal system or the administration of justice and other$ise consult $ith them on matters concerning the administration of justice? %. c.
ser&e on any organi
to the impro&ement of the la$" the legal system or the administration of justice. •
2ecision to engage in these activities depends upon the sound judgement of the judge.
•
)f has not enough time to spare "such as when caseload is too heavy$ prudence dictates, he must concentrate on his judicial duties.
•
)f a judge has time to spare, the best attitude to ta!e is to participate in activities which are closely related to the performance of his duties
and which do not consume much of his time and energy.
CANON 3 ! A judge should regulate e2tra judicial
acti&ities
to
minimi
conflict $ith judicial acti&ities.
the
ris'
of
OCA(,ONA"
C,,C
AN*
CAR,(A0
AC(,,(,/ Rule
3.1 !
A
judge
may
engage
in
the
follo$ing acti&ities pro&ided that they do not interfere
$ith
the
performance
of
judicial
duties or detract from the dignity of the courts@ 1. a.
$rite" lecture" teach and spea' on
non-legal subjects? #. b.
engage in the arts" sports" and other
special recreational acti&ities? %. c.
participate in ci&ic and charitable
acti&ities? ). d.
ser&e as an officer" director" trustee"
or non-legal ad&isor of a non-profit or nonpolitical" educational" religious" charitable" fraternal" or ci&ic organi
)f they opt to engage in such activities, they must learn how to manage their time in such manner that their judicial responsibilities do not falter and suffer.
>,NANC,A AC(,,(,/ Rule 3.# ! A judge shall refrain from financial and business dealings that tends to reflect ad&ersely on the court4s impartiality" interfere $ith
the
proper
acti&ities"
or
performance
increase
of
judicial
in&ol&ements
$ith
la$yers or persons li'ely to come before the court. A judge should so manage in&estments and other financial interests as to minimi
of
cases
gi&ing
grounds
for
dis5ualification. Rule 3.% ! /ubject to the pro&isions of the proceeding rule" a judge may hold and manage in&estments but should not ser&e as an officer" director" manager" ad&isor" or employee of any business
e2cept
as
director
of
a
family
business of the judge. Rule 3.) ! A judge or any" immediate member of the family" shall not accept a gift" be5uest" fa&or or loan from anyone e2cept as may be allo$ed by la$. Rule
3.3 !
No
information
ac5uired
in
a
judicial capacity shall be used or disclosed by a judge in any financial dealing or for any other purpose not related to judicial acti&ities.
•
Prohibitions
under
the
Re&ised
Penal
Code@ Art
34. Prohibited
Transaction. 5he
penalty
of prision correccional in its minimum period or a fine ranging from #66 to #3666 or both, shall be imposed upon any appointive public officer who, during his incumbency, shall directly or indirectly become interested in any transaction of exchange or speculation
within
the
territory
subject
to
his
jurisdiction. Art 37. Possession of prohibited interest by a public officer. 5he penalty of arresto mayor in its medium period to prision correccional in its minimum period, or a fine ranging from #66 to #3666, or both, shall be imposed upon a public officer who directly and indirectly, shall become interested in any contract or business which it is his official duty to intervene. •
Sec 3. Corrupt practices of public officers. )n addition to acts or omissions of public officers already penali8ed by existing law, the following shall constitute corrupt practices of any public officer and are hereby declared to be unlawful-
999 "h$ 2irectly or indirectly having financial or pecuniary interest in any business, or contract or transaction in connection with which here intervenes or ta!es part in his official capacity or in which he is prohibited by the *onstitution or by any law from having any interest, "Sec. :"h$, 0A :63;$
•
Beneral Rule- Avoid ta!ing or receiving loans from litigants.
•
2ception "A<*#A$-
=nsolicited
gifts
or
presents of small value offered or given as a mere ordinary to!en of gratitude or friendship according to local custom or usage.
>,*+C,AR AC(,,(,/ Rule 3.6 ! A judge should not ser&e as the e2ecution administrator" trustee" guardian" or other fiduciary" e2cept for the estate" trust" or person of a member of the immediate family and then only if such ser&ice $ill not interfere $ith the proper performance of judicial duties. Dmember of immediate familyE shall be limited to the spouse and relati&es $ithin the second degree of consanguinity. As a family fiduciary" a judge shall not@
1. a.
ser&e in proceedings that might
come before the court of said judge? or #. b.
act as such contrary to Rule 3.# to
3.3
PRAC(,C O> A7 AN* O(R PRO>//,ON Rule 3.8 ! A judge shall not engage in the pri&ate practice of la$. +nless prohibited by the Constitution or la$" a judge may engage in the practice of any other profession pro&ided that such practice $ill not conflict or tend to conflict $ith judicial functions.
•
)ncludes preparation of pleadings or papers in anticipation of litigation, and giving of legal advice to clients or persons needing the same.
•
>ot
engage
in
notarial
wor!.
xception-
?>otaries public ex&oficio@ may engage only in notari8ation of documents connected with the exercise of their official functions. #rovided, all notarial fees on account of the government and certification attesting to lac! of any lawyer or >otary #ublic. •
Sworn
statement
of
assets
and
liabilities
including statement of amounts and services of income, the amount of personal and family expenses and the amount of income tax is paid for the next preceding calendar year.
>,NANC,A *,/CO/+R Rule 3.: ! A judge shall ma'e full financial disclosure as re5uired by la$.
F(RA-J+*,C,A APPO,N(9N(/ Rule
3.; !
A
judge
shall
not
accept
appointment or designation to any agency performing
5uasi-judicial
or
administrati&e
functions.
PO,(,CA AC(,,(,/ Rule 3.1 ! A judge is entitled to entertain personal &ie$s on political 5uestions. 0ut to a&oid suspicion judge
shall
not
of political partisanship" a ma'e
political
speeches"
contribute to party funds" publicly endorse candidates for political office or participate in other partisan political acti&ities.
CO9P,ANC 7,( (
CO* O> J+*,C,A
CON*+C( All judges shall strictly comply $ith this code
*A( O> >>C(,,( (his code" promulgated on 3 /eptember 1;:;" shall ta'e effect on # October 1;:;. •
An administrative case against a judge is not necessarily dismissed by the withdrawal by or desistance of the complainant.
•
0etirement, resignation or promotion of a judge does not necessarily render moot and academic all the cases against him.
•
*ivil iabilities 0e Bfficial (unctions-
3.
obstructs, defeats, violates or in any manner impedes or impairs the civil rights.
.
Cillful or negligent rendition of a decision which causes damages to another
:.
(or damages- rendering%neglecting to decide a case causing loss to a party.
•
*ivil *ode 2isabilities-
0ule- *an1t purchase properties subject of litigation is his court. xception-
2oes
not
apply
where
the
subject
property was not ac'uired from any of the parties to the case, nor will it apply when the litigation is already finished. DutE while in a technical sense, the judge may not have ac'uired the property in litigation in a case before him, nevertheless, it is improper for him to have done so under the canons of judicial ethics.
•
2onations made to a judge by reason of his office are void.
•
5a!ing advantage of his position to boost his candidacy amounts to gross misconduct.
•
*annot serve as officers or advisers of political groups.
Criminal iabilities of Judges •
Malfeasance under the 0#*-
3.
Fnowingly
0endering
=njust
Judgment (Art.
204, PC! 5he elements are3.
that the officer is a judge+
.
that he renders judgment in a case submitted to him for decision+
:.
that the judgment is unjust+
/.
the judge !nows that his judgment is unjust.
3.
Judgment 0endered 5hrough >egligence (Art. 20", PC! 5he elements are-
3.
that the offender is a judge+
.
that he renders judgment in a case submitted to him for decision
:.
that the judgment is manifestly unjust+
/.
that is due to his inexcusable negligence or ignorance.
Notaries Public •
#owers and 2uties of a >otary #ublic
Section
/3
of the
0evised
Administrative Act
enumerates the otary #ublic3.
5o
administer
all
oaths
and
affirmations
provided for by law3.
in all matters incident to his notarial office+
.
3.
in the execution of3.
affidavits
.
depositions
:.
other documents re'uiring an oath
5o receive proof or ac!nowledgment of all writings relating to commerce, such as 3.
ships, vessels or boats3.
Dills of xchange
.
Dottomries
:.
Mortgages
/.
Hypothecations
4.
charter parties or affreightments
7.
letters of attorney
G.
land%buildings or interest therein3.
deeds
.
mortgages
:.
transfers and assignments
/.
other commonly
writings
as
are
provided
or
ac!nowledged before notaries. :. 5o act as magistrate in the writing of affidavits or depositions /. 5o ma!e declarations and certify the truth thereof under his seal of office,
concerning all matters done
by him in virtue of his office.
•
5he law imposes on the notary public two !inds of duties-
3.
execution of formalities re'uired by law+ and
.
verification of the capacity and identity of the parties as well as the legality of the act executed.
•
xtent of Jurisdiction of a >otary #ublic-
=nder the >otarial aw, the jurisdiction of a notary public in general, used to be *B&95>S) with the province for which he was commissioned+ and for the notary public in the *ity of Manila, the jurisdiction is *B&95>S) with said city. *ircular I of 3;I4 however, clarified further that the notary public may be commissioned for the same term only by one court within the Metro Manila region.
•
- Must a >otary #ublic always be a ACK0L
A- #eneral ule$ Bnly those admitted to the practice of law are 'ualified to be notaries public. %&ception- Chen there are no persons with the necessary 'ualifications B0 where there are 'ualified persons but refuse appointment. )n which case, the following persons may be appointed as notaries3.
those who have passed the studies of law in a reputable university
.
a cler! or deputy cler! of court for a period of not less than two years
•
ffects of >B5A0)A5)B>
3.
5he notary, in effect, proclaims to the world3.
that all the parties therein personally appeared before him
.
that they are personally !nown to him
:.
that they are the same persons who executed the instrument
/.
that he in'uired into the voluntariness of the execution of the instrument+ and
4.
that
they
ac!nowledged
personally
before him that they voluntarily and freely executed the same 7.
2.
*onverts a private document into a
public one and renders it admissible in court
without
further
proof
of
its
authenticity. " 'oson s. )alta*ar! G.
3.
2ocuments enjoy a presumption of
regularity.
)t
constitutes
prima
facie
evidence of the facts which give rise to their execution and of the date of said execution, but not of the truthfulness of the statements. 5he reason for the former
presumption is that the law assumes that the act which the officer witnesses and certified to or the date written by him are not shown to be false since notaries are public officers.
